Michael v. Baker
Court of Appeals of Maryland
Appnal from the Orphans Court of Frederick county. The appellee offered for probate in the court below, the will of Mrs. Catharine Michael, executed on the 26th of April 1856, whereby the testatrix, after some pecuniary legacies, devised and bequeathed “all the rest and residue of her estate, leal, personal and mixed, to her daughter Caroline M. Baker, her heirs and assigns forever,” and appointed the said Caroline her executrix.
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Appnal from the Orphans Court of Frederick county. The appellee offered for probate in the court below, the will of Mrs. Catharine Michael, executed on the 26th of April 1856, whereby the testatrix, after some pecuniary legacies, devised and bequeathed “all the rest and residue of her estate, leal, personal and mixed, to her daughter Caroline M. Baker, her heirs and assigns forever,” and appointed the said Caroline her executrix. This will was executed and attested in the usual form, to pass real estate, as if the said testatrix was a feme sole. She was however at the time of its execution…
1Opinion of the CourtBartol, J.
The only question presented by this appeal is, whether the paper purporting to be the last will of Catharine Michael, is entitled to be admitted to probate, as a valid disposition or appointment.
At the time of its execution the testatrix was a married woman, and continued so till the time of her death; the will was not made and attested in conformity with the provisions of the act of 1842, ch. 293, and is not entitled to be admitted to probate, unless the same was made in virtue of her rights under the ante-nuptial agreement between her and her husband the caveator.
Many cases have been cited…
2Cases cited1 opinion
- Cooke v. HusbandsCourt of Appeals of Maryland · 1857
3Cited by15 opinions
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- Lange v. DammierIndiana Supreme Court · 1889
- Kaouris v. KaourisCourt of Appeals of Maryland · 1991
- Mory v. MichaelCourt of Appeals of Maryland · 1862
- Emerick v. CoakleyCourt of Appeals of Maryland · 1872
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